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1. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

   ____________________________________________________________________ CHALLENGES AND CHANGES IN THE ENVIRONMENT COURT _____________________________________________________________________ Paper presented by Acting Principal Environment Judge Laurie Newhook to 3rd Annual Environmental Law and Regulation Conference Wellington, 16 and 17 April 2013 Recent initiatives for efficiency of process in the Environment Court [1] I have been asked to speak today about recent and curren...

2. Final Env-Reg-Report-2021-22 [pdf, 321 KB]

   ...responsible for ensuring the orderly and expeditious discharge of the business of the Court. 1.4 The Court’s jurisdiction The Environment Court is a specialist court of record established under section 247 of the RMA. It’s the primary environmental adjudicative body in New Zealand. It has jurisdiction over environmental and resource management matters. It can be characterised as follows: • a presiding Judge and two Environment Court Commissioners sit together to hear and...

3. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...regime’s significant impact on the rights and interests of Māori  does not adequately protect privacy and human rights even though the regime is intrusive by nature  has gaps, resulting in uncertain legal standing  has legislative design issues, making it difficult to understand and apply, and  does not provide for adequate independent oversight and governance. 2v3hev5ds4 2021-05-25 10:06:07 2 4. I consider the combined effect of these issues may contribu...

4. Wai 2180 Taihape inquiry newsletter 2 December 2015 [pdf, 822 KB]

   ...newsletter. It has been a busy year for the Taihape inquiry! Research is progressing well and plans are now under way for hearings to commence in 2016. There is a lot of mahi ahead for claimants, lawyers, CFRT, and the Tribunal. This newsletter is designed to keep parties informed of inquiry progress and upcoming events in order to make our shared mahi easier. Nāku te rourou, nāu te rourou, ka ora ai te iwi! Please feel free to contact us with any questions you have. Our contact...

5. ENV-2016-AKL-000xxx Zakara Investments Limited v Auckland Council [pdf, 23 MB]

   ...appealed are likely to significantly reduce the protection and restoration of indigenous biodiversity in the Auckland region. (c) The Council has failed to undertake an adequate assessment of the provisions, including the benefits and costs of the environmental, economic, social and cultural effects that are anticipated from the implementation of the provisions, as required by sections 32 and 32AA of the RMA. (d) The Panel recommended that the transferable rural site subdivision ru...

6. [2021] NZEnvC 111 Weston Lea Limited v Hamilton City Council [pdf, 23 MB]

   ...Prime Commissioner AP Gysberts 16 - 17 June 2021 MJ Doesburg for Weston Lea Limited (Weston Lea) M Mackintosh for Hamilton City Council (the Council) V Tumai and M Hooper for the Director-General of Conservation (DOC) P Lang for the Riverlea Environmental Society Incorporated (RESI) W Jennings for Royal Forest and Bird Protection Society of New Zealand Incorporated (Memorandum Only - supporting the decision of DOC and RESI) Date of Decision: 30 July 2021 Date of Issue: . 30 J...

7. [2021] NZEnvC 079 Guthrie v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and (b) any relevant provisions of— (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed pl...

8. Tom De Pelsemaeker - Evidence in Reply (25 June 2021) [pdf, 1.7 MB]

   ...from the opinions that I express. Structure and Scope of Final Evidence in Reply 4 In my final evidence in reply I provide a response on a topic-by-topic basis. The key topics I address are: PURPOSE OF THE PLAN CHANGE (a) Process versus environmentally focussed ALTERNATIVE APPROACHES (b) Providing for longer term consents as a discretionary activity. (c) Phasing of consent expiry dates (by catchment, sub-catchment or FMU). PROVIDING FOR SPECIFIC ACTIVITIES (d) Damming o...

9. [2023] NZEnvC 211 Masterton District Council [pdf, 782 KB]

   ...142. 5 Re Palmerston North City Council, [2015] NZEnvC 27 at [31]-[32]. Re Tasman District Council [2011] NZEnvC 47 at [9]. 6 Re Thames-Coromandel District Council [2013] NZEnvC 292, [2015] NZRMA 315 at [10]. 7 is subject to significant environmental hazards and where intensive development and landholdings may create significant future management problems (such as exacerbated risks from flooding) and where less intensive subdivision is provided for; and (c) Rural (Conser...

10. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

    ...Decision: 20 December 2019 Date of Issue: 20 December 2019 2 INTERIM DECISION OF THE ENVIRONMENT COURT Table of contents Introduction Scope of the pSWLP 2019 draft National Policy Statement for Freshwater Management and proposed National Environmental Standards for Freshwater Abbreviations used in this decision The role of the court on a regional plan appeal National significance of fresh water and Te Mana o te Wai Treaty of Waitangi Regional Policy Statement (RPS) P...